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1982-0818_ROMAN CATHOLIC BISHOP OF OOANGE_AgreementRDING FEES EXEMPT DUE TO RNMENT CODE SECTION 6103 14ARY ANN HANOVER, City Clerk San Juan Capistrano, Californi AGREEMENT FOR UTILITY UNDERGROUNDING v THIS AGREEMENT entered into this day of AUG 1 g 1982 1982, by and between the City of San J an Capi�st�a �,f % after The Koman o is 1'S o o referred to as "CITY" and the A Corporation Sole hereinafter referred to as "CHURCH". WHEREAS, CHURCH, desires to construct a new church facility on the southerly side of Acjachema Street between Camino Capistrano and E1 Camino Real; and WHEREAS, CITY desires to construct a new library on the northerly side of Acjachema Street between Camino Capistrano and E1 Camino Real; and WHEREAS, CITY and CHURCH both desire to underground overhead utilities on E1 Camino Real in conjunction with their proposed library and church projects, respectively. NOW, THEREFORE, it is mutually agreed and covented that: 1. CHURCH and CITY agree that it is mutually beneficial to construct said underground utilities together, as one project. 2. CITY shall design, administer, and inspect said construction. 3. CHURCH shall approve CITY'S design. 4, CHURCH and CITY shall pay for said construction in accordance with the respective percentage as identified in "Exhibit A" 5, CHURCH shall deposit funds in the amount of their percentage of estimated total cost upon award of construction contract. -2- 6. Total cost shall be defined as construction costs, plus CITY administration and inspections cost which shall be determined as 10% of the construction costs. A 7. CITY shall not approve any cost increases without written approval from CHURCH. IN WITNESS WHEREOF, this agreement has been executed on behalf of CITY by its officers thereunto duly authorized and by CHURCH, the date and year first above written. ATTEST: CITY OF SM JUAN CAPISTRANO By .. WRENCE F. HEIM, MAYOR The Roman Catholic Bishop of Orange A Corporation Sole MACHURCH RY ANNA C� r\ By Attukpey In Fact By AUG 181982 APPROVED AS TO FORM: J S S. OKAZAKI, CIT ATTORNEY Dated October 5. 1982 State of California SS. County of Orange 111111 OFrl-' , T -r-AL NINA M ARCHBOLD N.oTARY PUBLIC - CALIFORNIA C-VIGI WON MY c�mrl. expires APR 7. 1996 wnrvnnic...,nrvvvv�[wmtry i FVRm /12U Vb2 State of California County of Orange I SS. Onthisthe 6th day October Nina M. Archbold the undersigned Notary Public, personally appeared Mary Ann Hanover 198 2 , before me, IN personally known tome ❑ proved to me on the basis of satisfactory evidence to be the person(s) who executed the (WIV,B (j1�t ulmant as City Clerk or onbehal of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. NATIONAL NOTARY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 Onthisthe 5thdayof October 1982, before me, Mary Ann Hanover the undersigned Notary Public, personally appeared Lawrence F. Buchheim C* personally known tome ❑ proved tome on the basis of satisfactory evidence to be the person(s) who executed the within inIAWRTEttTal Mayor or on behalf of the corporation therein named, and acknowledged to me that the corporation executed it. WITNESS my hand and official seal. CORPORATE ACKNOWLEDGMENT FORM 7120052 NATIONAL NOTARY ASSOCIATION• 23012 Ventura Blvd,, Woodland Hills, CA91364 CITY OF SAN JUAN CAPISTRANO MISSION AND LIBRARY UTILITY COST PROJECTIONS I I SPECIALIZING IN UTILITY SERVICES, 635 CAMINO DE LOS MARES ELECTRIC, TELEPHONE, GAS & T.V. SUITE 100 SAN CLEMENTE, CA. 92672 PHONE (714) 831-6640 (714) 661-3304 1:XH 1131T A .■ 0 DIOCESE OF ORANGE MARYWOOD CENTER "I"VEQ 2811 EAST VILLA ZIV99 let 1!< ORANGE, CALIFO 9 67 (714) 9747120 1, , y vEPA.T•:. NT P . AN JUAN I>7.-1AN0 TO WHOM IT MAY CONCERN: I hereby certify that Harry Trower is the attorney-in-fact of "THE ROMAN CATHOLIC BISHOP OF ORANGE" a Corporation Sole, duly authorized and acting in accordance with and by virtue of Canon Law of the Catholic Church and the Corporation Code of the State of California, Section 10000 to 10015, and I hereby further certify that as such attorney*in-fact Harry Trower is authorized and empowered to sell and exchange any and all shares of stocks, bonds, etc., and to endorse, convey and transfer any and all of the same by sufficient endorsement or assignment and transfer. Lefol J. Meyer Di ector of Finance and Administration tt `s103R `'o" UC State of CALIFORNIA SS. County of ORANGE OFFICIAL SEAL PATRICIA M BAYNE NOTARY PUBLIC • CALIFORNIA ORANGE COUNTY My comm. expfrm JUN 6, Itu Subscribed and sworn to before me on/Auqu5t 31, 1982 On this the 11_ day of AUGUST 19 $2, before me, PATRICIA M. BAYNE the undersigned Notary Public, personally appeared LEON J. MEYER AX personally known to me to be the person whose name is subscribed to the within insutrument. Leon J.Meyer being duly sworn, deposes and says: That he certifies that Harry Trower is the attorney-in-fact of "THE ROMAN CATHOLIC BISHOP OF ORANGE" a Corporation Sole. NATIONAL NOTAPY ASSOCIATION • 23012 Ventura Blvd. • Woodland Hills, CA 91364 F CONTENTS DIRECTORY OF PERSONNEL COTS PROJECTION Mission Only COST PROJECTION Library Only COST PROJECTION Mission and Library SUMMARY ANALYSIS 0 DIRECTORY OF PERSONNEL CITY OF SAN JUAN CAPISTRANO 32400 Paseo Adelanto San Juan Capistrano, CA 92675 Smokey Lohnes (714) 493-1171 UTILITY PLANNING, INC. 635 Camino De Los Mares Suite 100 San Clemente, CA 92672 Ronald L. Weatherholt (714) 831-6640 PACIFIC TELEPHONE COMPANY 24551 Raymond Way Suite 280A E1 Toro, CA 92630 Bill Spivey (714) 951-0533 SAN DIEGO GAS & ELECTRIC 101 W. E1 Portal San Clemente, CA 92672 Ken Fussell (714) 498-1790 efl*10oras l9 y STORER CABLE T.V. 27392 Camino Capistrano Suite 204 Laguna Niguel, CA 92677 Tim Scanlon (714) 831-3242 0 MISSION ONLY COST PROJECTION 0 ITEM NO. DESCRIPTION AMOUNT 1. Provide joint trench with backfill, compaction and traffic control. $ 2,800.00 2. Provide joint trench with backfill, compaction, pave- ment repaid and traffic control. 2,880.00 3. Provide cable television only trench with backfill, compac- tion and traffic control. 1,200.00 4. Provide street light only trench with backfill, com- paction and traffic control. 700.00 5. Excavate for, provide and in- stall electric substructures. 5,400.00 6. Excavate for, provide and in- stall telephone substructure. 1,000.00 7. Provide and install conduits for electric, telephone, cable T.V. and street light system as follows: - a. 2-5" electric 2,100.00 b. 1-3" electric 525.00 C. 1-4" telephone 300.00 d. 1-2" cable tv 900.00 e. 1-1" street light . with 2 #8 conductors 1,050.00 (Page 1) L' MISSION ONLY COST PROJECTION (Continued from Page 1) 8. Payment to utility companies for cabling underground systems. $16,800.00 9. Payment to utility companies for removal of existing overhead systems. Total Cost to Convert: (Page 2) 6,500.00 $42,155.00 • LIBRARY ONLY COST PROJECTION ITEM NO. DESCRIPTION 1. Provide joint trench with backfill, compaction and traffic control. 2. Excavate for, provide and install electric substructures. 3. Provide and install conduits for electric, telephone, cable TV and street light systems as follows: a. 2-5" electric b. 1-4" telephone c. 1-2" cable tv 1] 4. Payment to utility companies for cabling underground systems. 5. Payment to utility companies for removal of existing overhead systems. Total Cost to Convert: r (Page 3) AMOUNT $ 2,100.00 5,000.00 1,500.00 600.00 375.00 14,800.00 4,500.00 $28,875.00 ITEM NO. 1. MISSION AND LIBRARY COST'PROJECTION DESCRIPTION Provide joint trench with backfill, compaction and traffic control. 2. Provide joint trench with backfill, compaction pave- ment repair and traffic control. 3. Provide cable television only trench with backfill, compac- tion and traffic control. 4. Provide street light only trench with backfill, compaction and traffic control. 5. Excavate for, provide and in- stall electric substructures. 6. Excavate for, provide and in- stall telephone substructure. 7. Provide and install conduits for electric, telephone, cable tv and street light systems as follows: a. 2-5" electric b. 1-3" electric C. 1-4" telephone d. 1-2" cable tv e. 1-1" street light with 2 #8 conductors. (Page 4) AMOUNT $ 4,620.00 2,880.00 1,200.00 300.00 10,400.00 1,000.00 3,600.00 525.00 900.00 1,300.00 1,050.00 0 MISSION AND LIBRARY COST PROJECTION (Continued from Page 4) F 8. Payment to utility companies for cabling underground systems. 9. Credit from utility companies for equivalent overhead systems. Total Cost to Convert: (Page 5) $34,800.00 ( 3,200.00) $59,375.00 r b z N N r H C N n H o r rat z P. P. m � r r O rn w r N rt 0 N a �r I p w w m n O rt m w n a I rt N {n to to W m a N O Q. N W co m 3 H O N W oD rA I O z Ul O In fA 7Ul O H rt O � m o 0 o z m I ro y C W `J N m a N I rn 0 ft %I I aG::1 . 0 N K r rt H. co kO %D H 00 W v. to o Ln X�G I ropa o 0 0 H rt P. w I n P) rt tr m F. m0 I � rt N rS rt a to to to a n u+ w N A I H � r J O 1 K w O\ J w J O J H u. o Ln z th I 0 0 o d 0 0 0 . I I 11 fl I'1 Il fl f1 I" 1 It] 0 0 ANALYSIS A review of existing overhead electric, telephone and cable television distribution facilities in E1 Camino Real, ad- jacent to the Mission's proposed library site, relative to converting them to underground indicates, mechanically and economically, the work should be undertaken jointly. Should either the Mission or the City proceed individually, there will be no contribution or credit from the utility companies. In addition, they will be charged for removal of the existing overhead facilities as well as the install- ation of the new underground facilities. Neither project meets the conditions for participation by the utility companies by itself. San Diego Gas & Electric Company requires the project to replace a minimum of 600 feet of overhead system and Pacific Telephone Company requires more than one applicant to justify their participation. The lenght of overhead system affected by the Mission, pro- ceeding alone, is approximately 350 feet and by the City, proceeding alone, is approximately 400 feet. Neither meets San Diego Gas & Electric Company's condition individually, but they do by combining. The combination also allows them to meet Pacific Telephone Company's condition of more than one applicant. The contribution by the utility companies includes the cost of removing the overhead systems after the underground systems are in place and operational. San Diego Gas & Electric Company reduces their charge for installing underground cable by the amount it would cost them to build a new overhead system. (Page 7) l • • Analysis Continued. There are also mechanical problems which the utility companies would have to overcome if the two projects were undertaken independently. If the library project went first, a new pole would have to be added between the two 1 poles existing on the Mission frontage because of the cor- nering configuration at the intersection of Acjachema and I E1 Camino Real. If the Mission project went first, they would have to overlap the library frontage by approximately 100 feet for the same reason. Based on the two alternatives outlined above, the Mission's frontage could be impaired by the addition of a pole if the library project proceeds first while the library's scope of work could be reduced if the Mission proceeded first. Neither party will benefit financially by proceeding sep- erately based on the fact that neither will generate utility company participation. Both will pay more, individually, by proceeding seperately even though the library's scope of work would be reduced if the Mission went first. I I(Page 8) 1 0 MEMORANDUM November 15, 1982 TO: City Clerk's Office FROM: George Lohnes, City Engineer 0 SUBJECT: Agreement With Arch Bishop of Orange Please do not record the agreement with the Archbishop of Orange. The City Attorney is in concurrence with this decision. GML4i m I* MEMORANDUM. TO: George M. Lohnes, City Engineer FROM: Mary Ann Hanover, City Clerk DATE: November 4, 1982 SUBJECT: Agreement for Utility Underground - Bishop of Orange The above agreement was approved on October 5, 1982, and at your request it has not yet been forwarded to the Orange County Recorder. Please let me know if you have received the anticipated comments so that we may record the document and complete our files. MAH/na /J 3ZY400 PASEO ADELANTO SANJI I PISTR ANO. C AL4fORNl, 92675 PHONE 41A117T fl October 8, 1982 Diocese of Orange Marywood Center 2811 East Villa Real Drive Orange, California 92667 Attention: Leon J. Meyer Director of Finance and Administration Re: Undergrounding of Overhead Utilities, E1 Camino Real Gentlemen: Enclosed is the Agreement for utility undergrounding of overhead utilities at the Great Stone Church and library sites between the Roman Catholic Bishop of Orange and the City of San Juan Capiustrano. The Agreement was approved by the City Council at their meeting of October 5, 1982. If you have any questions, please don't hesitate to call. Very truly yours, MARY ANN H OVER, CMC City Clerk MAH/na Enclosure cc: Director of Public Works 0 V AGENDA ITEM October 5, 1982 TO: Stephen B. Julian, City Manager FROM:, W. D. Murphy, Director of Public Works SUBJECT: Undergrounding of Overhead Utilities, Camino Capistrano (Roman Catholic Bishop of Orange) SITUATION Staff is requesting approval of an agreement with the Roman Catholic Bishop of Orange for the purpose of mutual undergrounding of overhead utilities at the Great Stone Church and library sites. Both projects need to underground utilities on their respective frontages on Camino Capistrano, and joint construction reduces costs through the elimination of redundant improvements. A copy of the agreement is attached. The overhead utilities on Camino Capistrano shall be undergrounded from the old church gymnasium to the school property or northerly property line of the library site. There will also be a small amount of undergrounding on the easterly side of Acjachema Street. The design is being coordinated to have no above grade facilities visible on the library site. FINANCIAL CONSIDERATIONS The estimated total cost of the undergrounding is $59,375. The church's obligated amount is 59% or an estimated $35,031.25 and the City's obligated amount is 41% or an estimated $24,343.75. Funds are not budgeted in the Library Construction Funds. However, funds will be available in the Public Utilities Commission account for undergrounding allocations from SDG&E,and the City may apply for their use at this time. ALTERNATE ACTIONS 1. Approve the agreement. 2. Do not approve the agreement. 3. Modify the agreement. RECOMMENDATION By motion, approve the agreement for utility undergrounding with the Roman Catholic Bishop of Orange and authorize the Mayor and City Clerk to execute the document. Further direct Staff to commence processing the application for the use of Public Utilities Commission funds. ResEectfully submitted, Imo._ W. D. Mu�) WDM:GML/nep Encl.gT c;i'YY GOUt4cJL AGENDA 77 BIDS, CONTRACTS, AGREEMENTS 1. UNDERGROUNDING OF OVERHEAD UTILITIES, CAMINO CAPISTRANO (ROMAN CATHOLIC BISHOP OF ORANGE) (38) Written Communications: Report dated October 5, 1982, from the Director of Public Works, requesting approval of an agreement providing for joint undergrounding of overhead utilities along the Camino Capistrano frontages of the Great Stone Church and San Juan Capistrano Library projects. The estimated total cost is $59,375; the Catholic Church will be obligated for 59%, or $35,031.25, and the City will be obligated for 41%, or $24,343.75. Funds have not been budgeted in the Library Coii'.�Lruction Fund, but: are available, rt�on application, in th,, Public Utilities Commission account for undergrounding al.l.ocations from San Diego Gas and Electric. Approv, l_of Agreement: It was : :ed by Councilman Pchwartze, seconded by Councilman Hausdoi.:r and unanimously c_rried to approve thy. Agreement betweci the City and the Ror,n Catholic Bishop o_ Orange for Utility Undergrounding. The Mayor and City Clerr, were authorir,ci to execute the document on behalf of the City, and stat f was directed to cor;dnence processing the. application for use of Public Utilities Commission funds. I o/,5-/3 a,